보증금반환
1. The Defendant’s KRW 35,845,439 for the Plaintiff and KRW 5% per annum from August 1, 2016 to January 10, 2018.
In light of the following facts: (a) the Plaintiff leased the instant officetel No. 1006 (hereinafter referred to as “instant officetel”) from the Defendant M&D Construction Co., Ltd. (a compulsory adjustment) for a lease deposit of KRW 40 million; (b) the lease period from August 15, 2013 to August 14, 2015 (hereinafter referred to as “lease”); (c) the Defendant Company sold the instant officetel to the Defendant and completed the registration of ownership transfer on June 23, 2014; and (d) thereafter, the Plaintiff could be recognized as having received dividends of KRW 40 million from the lease deposit of this case on July 21, 2016.
According to the above facts, Defendant B succeeded to the lease of this case, and on August 14, 2015, the lease of this case terminated upon the expiration of the period of validity.
As the Plaintiff received dividends of KRW 4,154,561 out of the instant lease deposit, Defendant B is obligated to pay to the Plaintiff the amount of KRW 35,845,439 (=40,000,000 - 4,154,561) and damages for delay from August 1, 2016, which is after the date of delivery of the instant real estate.
The Defendant asserts to the effect that the Plaintiff should pay 20 million won out of the lease deposit of this case and that the remainder was exempted from the obligation. However, there is no evidence to acknowledge this, the Defendant’s above assertion is without merit.
If so, the plaintiff's claim is reasonable and acceptable.